STATE OF NEW YORK ________________________________________________________________________ 8160 2019-2020 Regular Sessions IN ASSEMBLY June 4, 2019 ___________ Introduced by M. of A. SIMOTAS -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to the determi- nation of youthful offender status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 720.20 of the criminal procedure law is amended by 2 adding a new subdivision 5 to read as follows: 3 5. (a) An individual who was an eligible youth who was not determined 4 to be a youthful offender by the sentencing court may apply to the 5 sentencing court for a new determination after at least five years have 6 passed since the imposition of the sentence for which such individual 7 was not determined to be a youthful offender, or, if the individual was 8 sentenced to a period of incarceration, including a period of incarcera- 9 tion imposed in conjunction with a sentence of probation, the individ- 10 ual's latest release from incarceration, provided that such individual 11 has not been convicted of any new crime since the imposition of such 12 sentence. 13 (b) In considering whether such individual should be determined to be 14 a youthful offender pursuant to paragraph (a) of this subdivision, the 15 court shall consider the following factors: 16 (i) whether relieving the individual from the onus of a criminal 17 record would facilitate rehabilitation and successful reentry and rein- 18 tegration into society; 19 (ii) the manner in which the crime was committed; 20 (iii) the role of the individual in the crime which resulted in the 21 conviction; 22 (iv) the individual's age at the time of the crime; 23 (v) the length of time since the crime was committed; 24 (vi) any mitigating circumstances at the time the crime was committed; 25 (vii) the individual's criminal record; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11926-01-9A. 8160 2 1 (viii) the individual's attitude toward society and respect for the 2 law; and 3 (ix) evidence of rehabilitation and demonstration of living a produc- 4 tive life including, but not limited to participation in educational and 5 vocational programs, employment history, alcohol and substance abuse 6 treatment, and family and community involvement. 7 (c) A copy of an application filed under this subdivision shall be 8 served upon the district attorney of the county in which the individual 9 was convicted. The district attorney shall notify the court within 10 forty-five days if he or she objects to the application for sealing. The 11 court may hold a hearing on the application on its own motion or on 12 motion of the district attorney or the individual filing the applica- 13 tion. If the district attorney does not file a timely objection, the 14 court shall proceed forthwith. 15 § 2. This act shall take effect immediately.